Citizenship notes

Polis Many thinkers point to the concept of citizenship beginning in the early city-states of ancient Greecealthough others see it as primarily a modern phenomenon dating back only a few hundred years and, for humanity, that the concept of citizenship arose with the first laws. Polis meant both the political assembly of the city-state as well as the entire society.

Cities and towns incorporated municipalities are also treated as citizens of the states in which they are located, but states themselves are not considered citizens for the purpose of diversity. Citizens of a U. Class actions that do not meet the requirement of the Class Action Fairness Act must have complete diversity between class representatives those named in the lawsuit and the defendants.

The presence of such a person as a party completely destroys diversity jurisdiction, except for a class action or mass action in which minimal diversity exists with respect to other parties in the case. If the case requires the presence of a party who is from the same state as an opposing party, or a Citizenship notes who is a U.

The determination of whether a party is indispensable is made by the court following the guidelines set forth in Rule 19 of the Federal Rules of Civil Procedure.

Diversity is determined at the time that the action is filed[ edit ] Diversity is determined at the time that the action is filed, and on the basis of the residency of the parties at that time. A change in domicile by a party before or after that date is irrelevant. Lewisthe Supreme Court also held that federal jurisdiction predicated on diversity of citizenship can be sustained even if there did not exist complete diversity at the time of removal to federal court, so long as complete diversity exists at the time the district court enters judgment.

The court in Caterpillar sustained diversity as an issue of "fairness" and economy, given a lower court's original mistake that allowed removal. Corporate citizenship based on principal place of business[ edit ] Congress never defined exactly what is a "principal place of business.

Although these corporations usually had a headquarters in one state, the majority of their employees, assets, and revenue were often physically located at retail sites in the states with the largest populations, and hence a circuit split developed in which some judges held that the latter states could also be treated as the corporation's principal place of business.

The rationale was that those states were where the business was actually occurring or being transacted. This issue was finally resolved by a unanimous Supreme Court in Hertz Corp. Amount in controversy[ edit ] The United States Congress has placed an additional barrier to diversity jurisdiction, the amount in controversy requirement.

This is a minimum amount of money which the parties must be contesting is owed to them. Two plaintiffs, however, may not join their claims together to meet the amount, but if one plaintiff meets the amount standing alone, the second plaintiff can piggyback as long as the second plaintiff's claim arises out of the same facts as the main claim.

See the article on federal supplemental subject matter jurisdiction here: The amount specified has been regularly increased over the past two centuries.

If the amount is left unspecified in the ad damnumas is required by the pleading rules of many states, the defendant may sometimes be able to remove the case to federal court unless the plaintiff's lawyer files a document expressly disclaiming damages in excess of the jurisdictional requirement.

Many plaintiffs' lawyers seek to avoid federal courts because of the perception that they are more hostile to plaintiffs than most state courts.

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Domestic relations and probate exceptions[ edit ] A longstanding judge-made rule holds that federal courts have no jurisdiction over divorce or other domestic relations cases, even if there is diversity of citizenship between the parties and the amount of money in controversy meets the jurisdictional limit.

As the Supreme Court has stated, "[t]he whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the states, and not to the laws of the United States.

State courts have developed expertise in dealing with these matters, and the interest of judicial economy required keeping that litigation in the courts most experienced to handle it.

However, federal courts are not limited in their ability to hear tort cases arising out of domestic situations by the doctrine.

Diversity jurisdiction is allowed for some litigation that arises under trusts and other estate planning documents, however. Removal jurisdiction If a case is originally filed in a state court, and the requirements for federal jurisdiction are met diversity and amount in controversy, the case involves a federal question, or a supplemental jurisdiction existsthe defendant and only the defendant may remove the case to a federal court.

A case cannot be removed to a state court. To remove to a federal court, the defendant must file a notice of removal with both the state court where the case was filed and the federal court to which it will be transferred.

The notice of removal must be filed within 30 days of the first removable document. For example, if there is no diversity of citizenship initially, but the non-diverse defendant is subsequently dismissed, the remaining diverse defendant s may remove to a federal court.

However, no removal is available after one year of the filing of the complaint.

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A party's citizenship at the time of the filing of the action is considered the citizenship of the party. If a defendant later moves to the same state as the plaintiff while the action is pending, the federal court will still have jurisdiction.

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However, if any defendant is a citizen of the state where the action is first filed, diversity does not exist. If a plaintiff or a co-defendant opposes removal, he may request a remandasking the federal court to send the case back to the state court. A remand is rarely granted if the diversity and amount in controversy requirements are met.Citizenship is the status of a person recognized under the custom or law as being a legal member of a sovereign state or belonging to a nation..

A person may have multiple citizenships.A person who does not have citizenship of any state is said to be stateless, while one who lives on state borders whose territorial status is uncertain is a border-lander.

There are civics questions on the naturalization test. During the naturalization interview, applicants will be asked up to 10 questions from the list of questions in English.

You must answer correctly six (6) of the 10 questions to pass the civics test in English. Several study tools are available to help you prepare. En Banc [Mendoza] [Dual citizenship and dual allegiance] Dual citizenship arises when.

is an act providin g for the repatriation (a) of Filipino women who have lost their Philippine citi zenship by marriage to aliens and (b) of natural-born Filipinoswho have lost the ir Philippine citizenship on account of political or economic necessity.

Part I of II: Our Call as Catholic Citizens This brief document is Part I of a summary of the US bishops’ reflection, Forming Consciences for Faithful Citizenship, which complements the teaching of bishops in dioceses and states.

Feb. 14, , Update: USCIS is not accepting requests from individuals who have never before been granted deferred action under r-bridal.com to federal court orders on Jan. 9, and Feb. 13, , USCIS has resumed accepting requests to renew a grant of deferred action under DACA.

Nov 20, · The last time such a large number of undocumented immigrants got legal status was through legislation President Ronald Reagan signed in , which gave a path to citizenship .